The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1887-05-14
The Public Domain.

relative 70 the controversy between dni-
ford Miller, settler, and railroad cor
poration, involving the question OF own
ership of certain lands:
Exxcur1vr MANSION, WASHINGTON. |
April "a. 1851. |
DEAR STR have examined with much |
care and interest the question involved In
the conflicting claims of Guilford Miller
and the Northern Pacific Railroad Com
pany, to certain public land in Washing
ton Territory.
The legal aspects of the case have been
examined and passed upon by several |
officials of the government who do not !
agree in their conclusions.
Miller claims to be q settler upon the |
lands in question whose possession dates !
from 1878. He alleges that he has made |
substantial Improvements upon the land |
and cplti1uked the same and it appears |
that he sd his claim to the same under |
the homestead law on the 18th day OF |
December, 1884.
| The railroad company contends that
this land is within the territory or area
| from which it was entitled to select such
/ quantity of public land IS might be
necessary to supply any deficiency that
should be found to exist in the specified
4 1duQ llcut1OAcO III y SIunt ~ SAAC 8S'S44A~
ment to said company in aid of the con-
struction of the road, such deficiency
being contemplated as likely to arise
from the paramount rights OF private
parties and settlers within the territory
embracing said granted lands and that
the land in dispute was thus selected by
the company on the 18th day Of Decem-
Der, 1855.
A large tract, including this land. was
| Withdrawn by an order 0f the Interior
| Department from sale and from pre-emp-
ton and homestead entry In 1872. IN
anticipation Of the construction of said
railroad and deficiency in granted lands.
In 1880, upon the fling Of q map of
definite location Of the road. the land IN
controversy, and much more which had
been SO Withdrawn, was found to lie out
side OF the limits which inclnded the
granted land, but it's withdrawal and
reservation from settlement and entry
under our land law was continued upon
the theory that it was within the limits
of indemnity lands which might be se-
lected by the company as provided in the
law making the grant,
i The legal points in this controversy
turned upon the validity and reservation
of this land and the continuance thereof.
The Attorney General is OF the opinion
that such withdrawal and reservation
were at all times effectual, and that they
operated to prevent Miller from acquir-
/ ing any interest in or right to the land.
With this Interpretation Of the law,
and the former orders and action Of the
Interior Department, it will be seen that
the effect has been the withdrawal and
reservation since 1872 OF thousands, II
not millions OF acres OF these lands from
the operation of the land laws of the
United States, thus placing them beyond
the reach of our citizens desiring under
such laws to settle and make homes upon
the same, and that this has been done for
the benefit of railroad company having
no fixed, definite interests in such lands.
In this manner the beneficent policy and
intention of the government IN relation
! to the public domain have for all these
years to that extent been thwarted-
There seems to be no evidence present
ed showing how much, IL any, Of this
vast tract is necessary for the fulillment
Of the grant to the railroad company, nor
does there appear to be any limitation of
the time within which this fact should be
made known, and the corporation IL
Obliged to make its selection after lapse
, of fifteen years. This large body OF the
public dOmain is still held in reserve, to
the exclusion of settlers, Tor the conven-
fence Of corporated beneficiary OF the
government and awaiting its Selection,
, though it is certain that much OF this
land can never be honestly claimed by
said corporation
Such q condition of the public lands
should no longer continue. So far as it
, is the result of executive rules and meth
oda kbouo ohov.l6 bo ahondonod and m